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Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
....e dispute case should have been filed before the Deputy Registrar. 8. It has been further contended that the High Court Division committed an error of law in not holding that for the ends of justice any aggrieved person without availing forum of appeal as an alternative remedy can invoke w......lection was held on 02-10-2003 and after counting of votes, the election committee in presence of the candidates declared the result in which the petitioner got the highest number of votes and accordingly he was declared as elected Chairman. The newly elected Managing Committee of Khetlal UC...... (appeared with the leave of the Court), instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No.4. Not represented-Respondent Nos.1-3 and 5-6. Civil Petition for Leave to Appeal No. 785 of 2005. From the Judgment and Order dated 16th May, 2005 passed by the Hi......d 05-01-2004 passed by the Joint Registrar, Divisional Co-operative Office, Rajshahi Division, Rajshahi in Dispute Case No.10 of 2003 (Annexure-1) should not be declared to have been passed without lawful authority and is of no legal effect. 3. The short facts, as stated by the petitioner,..Category: Constitutional Law | Date: | Hits: 162
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ...... ......g the rule absolute and allowed the writ petitioner to market its beverages using the cans bearing trade mark of "Crown" and "Hunter" containing beverage within permissible limit in accordance with law and the light of the aforesaid decision of the Appellate Division the company can lawfully con..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......o availability of the fund from the Government and that the writ respondent No.4 (Project Director of the Project, Phase-II) was under obligation to act upon the decision of the Government and accordingly sent proposal to the writ respondent No.2, (Secretary, Ministry of Agriculture) to giv...... 2005) Md. Mostafa Kamal and ors......Respondents (In Civil Petition No. 136 of 2005) Judgement March 9, 2005. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record-For the Petitioners (In b......een preferred at the instance of the same petitioners i.e. the Government of Bangladesh and four others. Both the petitioners arising out of the same subject matter and common question of fact and law being involved are disposed of by this single order. 2. The facts, in short, are that the..Category: Others | Date: | Hits: 87
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
....e original deed of the defendants by the plaintiff and the original deed of the plaintiff, committed error of law in making the Rule absolute resulting in a error in the decision causing failure of justice. He thereafter argued that the lower appellate Court rightly sent the case on remand to the......ver tried to support the impugned judgment of the High Court Division. 7. However, in our view, the points raised by the learned Counsel for the petitioners deserve consideration. Leave is, accordingly, granted. Security of Tk.1000/- is to be deposited within 1 (one) month. Prepara......tructed by Zainul Abedin, Advocate-on Record-For the Petitioners Moshiuzzaman, Advocate, instructed by Md. Nawab Ali, Advocte-on-Record- For the Respondents Civil petition for leave to Appeal No.325 of 2005 (From the judgment and order dated 1st February, 2005 passed by the......rts below and thereafter contended that the High Court Division having sent the case back to the lower appellate Court on remand instead of trial Court, to dispose of the appeal in accordance with law and in the light of observation made therein but making observation regarding claim of .09..Category: Property Law | Date: | Hits: 32
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
....instant case, erred in law in setting aside the PSC'S recommendation which was accepted by the Government and issued the appointment letters; that the impugned order has resulted in miscarriage of justice and the petitioners have been prejudiced thereby." "Because the Bangladesh ......11 in the writ petition and they contested the rule filing affidavit-in-opposition stating, inter alia, that they were selected as Assistant Professor of Radiology considering their merit and accordingly Government appointed them and they joined different Medical Colleges/Institutions vide ......r Advocate, (T.H.Khan, Senior Advocate, with him), instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners (In Civil Petition No. 612 of 2005) Fida M. Kamal, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners (In Civil Petition......ute by judgment and order mentioned above thereby declared the aforesaid Memo No. Par-1/Niyog-02/2004/387/1 (20) dated 16.03.2004 (Annexure-D-1 to the writ petition) to have been made without lawful authority and directed PSC to hold proper examination in making selection and recommend..Category: Employment/Service Law | Date: | Hits: 86
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....matter of the suit and as such it was necessary to allow him to be impleaded as an opposite party in the civil revision and that being not done there has been an error of law occasioning failure of justice. He further submits that if possession is restored in favour of the respondent No.1 pursua......arose. The respondent No.1 thereafter, came to learn that the plaintiff respondent Nos. 2-4 an application before pro-forma respondent No.6, Secretary, Ministry of Housing and Public Works for according permission to sell the suit property and then he filed an application before the High Cou......(A.Quayum, Senior Advocate with him), instructed by Aftab Hossain, Advocate-on-Record-For Respondent No.1 Not represented— For Respondent Nos. 2-6 Civil Petition for Leave to Appeal No. 474 of 2005. (From the Judgment and Order dated 5.4.2005 passed by the High Co......y involved in the subject matter of the suit and as such it was necessary to allow him to be impleaded as an opposite party in the civil revision and that being not done there has been an error of law occasioning failure of justice. He further submits that if possession is restored in favour of ..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
.... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ...... defendant petitioners and as such neither the plaintiffs nor their lessor Shahjadi Begum Waqf Estate had any iota of right, title or possession over the suit property. In such view of the matter, according to Mr. Ahmed, question of allowing mendatory injunction in favour of the plaintiff-r......Petitioner (In Civil Petition No. 523 of 2005) T.H. Khan, Senior Advocate (Abdul Quayum, Senior Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent Nos. 1 to 3 (In Civil Petition No. 392 of 2005) Khandaker Mahbubuddin Ahmed, Senior Advocate (MA. B......possessed in violation of the order of injunction but in the instant case there was no order of status quo as alleged by the plaintiffs and that the plaintiff respondents having been evicted by the law enforcing agency at the instance of Dhaka City Corporation, the lawful owner of the property, ..Category: Civil Law | Date: | Hits: 120
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ion and that this addition was beyond the Compass of the Council because the Council was directed to hold inquiry into the allegation of misconduct, if any of the writ petitioner. In the premises, according to him, the leave petition is liable to be dismissed. 11. In support of the respec......lul Hossain QC, Senior Advocate, Instructed by Miv. Md. Wahidullah, Advocate-on-Record —For Respondent No. 1 Not represented—Respondent Nos. 2-5 Civil Petition for Leave to Appeal No. 346 of 2005 (From the judgment and order dated 02.02.2005 passed by the High C......r from his office as Additional Judge of the High Court Division. In the writ petition it was stated that the then President of the Supreme Court Bar Association in his address at a meeting of the lawyers alleged that inefficient persons have been elevated to the Bench and one of the Judge viola..Category: Others | Date: | Hits: 97
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......ot sell .81 acre of land or any land to the plaintiffs and in 1969 said Barada Kanta Chakravarty had no right, title in the land in suit and as such he had no authority to sell the land in suit and accordingly the suit is liable to be dismissed. 4. The suit was also contested by the d......ring .3471 acre. The suit was filed seeking declaration of title, recovery of possession and for allotment of separate saham upon partition of the property described in schedule 'ka' attached to the plaint. 2. Plaintiffs filed the suit stating, inter alia, that the land measuring 1.1......of land. 6. The defendant Nos.1 and 2 went on appeal. The appellate Court on detailed discussion of the evidence upon arriving at the finding that the trial Court did not commit any error of law and facts in decreeing the suit in preliminary form and declaring title of the plaintiffs to t..Category: Property Law | Date: | Hits: 40
Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)
....to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......lve: Md. Ozair Farooq, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record- For the Petitioner Not represented-Respondents Civil Petition for leave to Appeal No. 137 of 2005. (From the Judgment and order dated 28.11.2004 passed by the High ......th the plot Nos. 1972 and 1963 being homestead plot the application for pre-emption of the respondent claiming to be contiguous owner was not maintainable, such claim being clearly barred under the law. Leave is granted to consider above submissions made by the learned Counsel of the ..Category: Property Law | Date: | Hits: 35
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ...... 2004 stating, inter alia, that the Ministry of Housing and Public Works decided to sell out 374.31 metric tons of old Iron and steel materials lying in the go downs in Sylhet P.W.D. Zone and accordingly auction notices inviting quotations were invited and the writ petitioner part...... Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M/S Ashraf and sons represented by its Proprietor, Ali Ashraf............Petitioners (In Civil Petition No. 223 of 2005) Bangladesh repre......out considering the same most illegally made the rule absolute by giving direction upon the respondents and as such the impugned judgment and order of the High Court Division cannot be sustained in law. Security of Tk. 1, 000/- is to be deposited within one month in Civil Petition No.233 o..Category: Civil Law | Date: | Hits: 97
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....ly, the plaintiff could not cross-examine the witnesses deposed before the Inquiry Committee and hence he was denied the right of self-defence and there has been violation of the principle of natural justice and that on the basis of the report submitted by the Inquiry Committee, the plaintiff was di...... with a show cause notice to which he replied denying the allegations made against him and the reply was not found satisfactory. An Inquiry Committee was formed which found the plaintiff guilty and accordingly he was dismissed from service. 4. The trial Court decreed the suit. On an appeal bei......alli Bidyut Samity.................Petitioner Vs. Md. Ali Reza……………....Respondent Judgment August 29, 2006. Result: The leave petition is dismissed. Case Referred to- 50 DLR 411. Lawyers Involved: Ziaul Hasan, Advocate instructed by Mahmuda Begum, Adv......a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ..Category: Employment/Service Law | Date: | Hits: 181
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
.... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......edge about the date of hearing of the Title Suit No.77 of 1965" and that "Learned court below was not legally justified in holding that the said service vide Exhibit A was a good service according to law and that defendant No.2 had knowledge about the date of the said suit. The High Co......No. 77 of 1965 was called for by the High Court Division and after disposal of the civil revision the records were sent down. After receiving the records by the trial Court fresh summons was issued to the defendants and after receiving the service return date was fixed for taking steps and the o......e date of hearing of the Title Suit No.77 of 1965" and that "Learned court below was not legally justified in holding that the said service vide Exhibit A was a good service according to law and that defendant No.2 had knowledge about the date of the said suit. The High Court Division ..Category: Civil Law | Date: | Hits: 112
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ......Chowdhury J Esquire Electronics Ltd......................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division (Customs) and ors.............................Respondents Judgment November 30, 2005 ......Petition No. 2580 of 1996 arose out of a Rule issued calling upon the respondent to show cause as to why the impugned order dated 3rd of July, 1996 should not be declared to have been made without lawful authority and is of no legal effect and as to why the respondents should not be directed to ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......espondent No. 3 of the said writ petition to change the plot on false plea and motivated the Government officials to get allotment of land from the writ petitioner's aforesaid personal property and accordingly, in the meeting held on 13-12-1995 and 14-12-1995 respondent No. 3 of the above men......ppeals. 2. Short facts are, that in Writ Petition No. 6140 of 2000 the writ petitioners alleged that they being the joint owners of 17 decimals of land out of 1.25 acres of land appertaining to CS Plot No. 177 of CS Khatian No. 49, SA Plot No.286/310 of SA Khatian No. 165 (Sabek) and 137(......essed the writ petitioners. The allotment of the land to the appellants having been made without jurisdiction and the writ petitioners having been illegally evicted in pursuance of the aforesaid unlawful allotment, the writ petitioners were constrained to move the High Court Division in the writ..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......rts below which are based on due consideration of the evidence, both oral and documentary, on the record that the defendant is not legally competent to discriminate between the plaintiff who, according to the defendant No.1, is a stranger and the other strangers who have purchased land of t......ossession and for separate saham upon partition of the land in suit. 2. It was the case of the plaintiff that the land of CS plot No.366 of CS khatian No. 335 of Mouza Bara Maghbazar belonged to Abdul Gafur. He sold the same on October 31, 1932 to the defendant Nos.14, who are brothers. De......No. 366 i.e. the plot in suit, that as the strangers are already in possession of the land of plot in suit, the claim of the appellant that the suit plot is an undivided homestead is not tenable in law, that defendant dispossessed the plaintiff is a more or less admitted fact, that the suit plot ..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......Division when the Court is of the view that it is impracticable to call a meeting and that impracticability of calling a meeting may not be equated with impossibility of calling such a meeting and accordingly, before exercising power conferred under the above sections the High Court Division mus......ner. Razaul Hasan, Advocate, instructed by Zahirul Islam, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent Nos. 1, 3-4. Civil Petition for Leave to Appeal No. 1332 of 2004. (From the judgment and order dated 9th August, 2004 passed by th......oning the delay contending, inter alia, that he is a shareholder of the company; the 19th Annual General Meeting of the company for the calendar year 2002 was held on 23-3-2002; as per provision of law and its Articles of Association the company convened its 20th Annual General Meeting on 28-4-20..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....dequate legal assistance to the petitioners and, as such, the case has not been properly conducted in the trial Court. 53. He however, emphasizes that this Court in its jurisdiction to do complete justice may look into the materials which if examined thoroughly would reveal that in fact, the pros......med Khan (P.W1) driver of the judgeship of Jhalakati took out the vehicle as usual and proceeded to pick up the judges namely, Jagannath Parey, Sohel Ahmed and others for taking them to the Court and accordingly, he collected the aforesaid two Judges who were on board in his vehicle and he also took......n, Advocate with him) instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner (In Criminal Petition No. 444 of 2006 & Jail Petition Nos. 6 of 2006. Abdur Rezaque Khan, Additional Attorney-General (Helaluddin Mollah, Md. Faisal Ali Khan and Fahima Nasrin, Deputy Attorneys-General w......es of the case, the provisions of Article 31 of the Constitution, in my view, cannot be applied because of the fact that the convicts were tried by a competent Court of the country in accordance with law and upon due compliance of all the necessary formalities and, in such view of the matter, jurisd..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......er necessary materials which would be required for the said construction works; the offers of the respondent No.1, which were much lower than the estimated costs, being found lowest were accepted and accordingly, work orders were issued in his favour on 12-1-1987 and then formal contracts in respect......wherein it was mentioned that the estimated costs for the above constructions of the above Groups A, B, C and D will be Taka 51,37,007, Taka 53,11,307, Taka 53,06,932 and Taka 51,64,436 respectively, total being Taka 1,83,28,474, and construction works were to be completed by 270 days. Similarly, fo......etition by this Court. The discussions and findings were based on material evidence on record and the learned Advocate for the appellant in fact failed to point out any material irregularities or flaws or illegality in the findings of the trial Court. After discussing the material evidence on re..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ...... of credit (LC) for importing TSP fertiliser from Belgium worth Taka 19,78,62,294 which on the prayer of the petitioner was enhanced to Taka 20,56,99,094/05 in Bangladesh currency and that according to the terms of the LC the petitioner was to release the shipping documents on payment of ......specific remedy in the statute for filing appeal against the judgment and decree of the Artha Rin Adalat, without availing the aforesaid remedy, writ petitions cannot be maintained. Cases Referred to- Zahirul Islam vs National Bank Ltd. and others, 46 DLR (AD) 191; Gazi M Towfie vs. Agrani Ban...... to the rescue and that BADC appears to have been burdened with the judgment and decree for no fault of its own and so, according to the learned Counsel, the High Court Division committed an error of law is dismissing the Rules. 10. He further submits that the Artha Rin Adalat and the High Court ..Category: Business or Commercial Law | Date: | Hits: 135
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